§ 1240a. Certification
(a)
Certification of completion of coal reclamation
(1)
The Governor of a State, or the head of a governing body of an Indian tribe, with an approved abandoned mine reclamation program under section
1235 of this title may certify to the Secretary that all of the priorities stated in section
1233
(a) of this title for eligible lands and waters pursuant to section
1234 of this title have been achieved. The Secretary, after notice in the Federal Register and opportunity for public comment, shall concur with such certification if the Secretary determines that such certification is correct.
(2)
(A)
The Secretary may, on the initiative of the Secretary, make the certification referred to in paragraph (1) on behalf of any State or Indian tribe referred to in paragraph (1) if on the basis of the inventory referred to in section
1233
(c) of this title all reclamation projects relating to the priorities described in section
1233
(a) of this title for eligible land and water pursuant to section
1234 of this title in the State or tribe have been completed.
(b)
Eligible lands, waters, and facilities
If the Secretary has concurred in a State or tribal certification under subsection (a) of this section, for purposes of determining the eligibility of lands and waters for annual grants under section
1232
(g)(1) of this title, section
1234 of this title shall not apply, and eligible lands, waters, and facilities shall be those—
(1)
which were mined or processed for minerals or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to August 3, 1977; and
(2)
for which there is no continuing reclamation responsibility under State or other Federal laws. In determining the eligibility under this subsection of Federal lands, waters, and facilities under the jurisdiction of the Forest Service or Bureau of Land Management, in lieu of the August 3, 1977, date referred to in paragraph (1) the applicable date shall be August 28, 1974, and November 26, 1980, respectively.
(c)
Priorities
Expenditures of moneys for lands, waters, and facilities referred to in subsection (b) of this section shall reflect the following objectives and priorities in the order stated (in lieu of the priorities set forth in section
1233 of this title):
(1)
The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of mineral mining and processing practices.
(d)
Specific sites and areas not eligible
Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not be eligible for expenditures from the Fund under this section.
(e)
Utilities and other facilities
Reclamation projects involving the protection, repair, replacement, construction, or enhancement of utilities, such as those relating to water supply, roads, and such other facilities serving the public adversely affected by mineral mining and processing practices, and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices, shall be deemed part of the objectives set forth, and undertaken as they relate to, the priorities stated in subsection (c) of this section.
(f)
Public facilities related to coal or minerals industry
Notwithstanding subsection (e) of this section, where the Secretary has concurred in the certification referenced in subsection (a) of this section and where the Governor of a State or the head of a governing body of an Indian tribe determines there is a need for activities or construction of specific public facilities related to the coal or minerals industry in States impacted by coal or minerals development and the Secretary concurs in such need, then the State or Indian tribe, as the case may be, may use annual grants made available under section
1232
(g)(1) of this title to carry out such activities or construction.
(h)
Payments to States and Indian tribes
(1)
In general
(A)
Payments
(i)
In general
Notwithstanding section
1231
(f)(3)(B) of this title, from funds referred to in section
1232
(i)(2) of this title, the Secretary shall make payments to States or Indian tribes for the amount due for the aggregate unappropriated amount allocated to the State or Indian tribe under subparagraph (A) or (B) of section
1232
(g)(1) of this title.
(C)
Schedule
Payments under subparagraph (A) shall be made in 7 equal annual installments, beginning with fiscal year 2008.
(D)
Use of funds
(i)
Certified States and Indian tribes
A State or Indian tribe that makes a certification under subsection (a) in which the Secretary concurs shall use any amounts provided under this paragraph for the purposes established by the State legislature or tribal council of the Indian tribe, with priority given for addressing the impacts of mineral development.
(ii)
Uncertified States and Indian tribes
A State or Indian tribe that has not made a certification under subsection (a) in which the Secretary has concurred shall use any amounts provided under this paragraph for the purposes described in section
1233 of this title.
(2)
Subsequent State and Indian tribe share for certified States and Indian tribes
(A)
In general
Notwithstanding section
1231
(f)(3)(B) of this title, from funds referred to in section
1232
(i)(2) of this title, the Secretary shall pay to each certified State or Indian tribe an amount equal to the sum of the aggregate unappropriated amount allocated on or after October 1, 2007, to the certified State or Indian tribe under subparagraph (A) or (B) of section
1232
(g)(1) of this title.
(3)
Manner of payment